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(영문) 서울북부지방법원 2016.04.07 2016고단203
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving service of BCA110.

On December 21, 2015, the Defendant driven the above Obama on the 21:12th of December 21, 2015, and proceeding 34-gil-ro 88-gil-ro, Seongbuk-gu, Seongbuk-gu, Seoul, to the surface of the digging bridge, caused the Defendant to shock the left part of the Defendant’s Obama 110 Obama, the front part of the victim C (18 years old) driving, which was driven on the surface of the Seongbuk-gu Police Station in violation of the signal while the Defendant was a red signal of a vehicle, thereby driving at the intersection in violation of the signal.

After all, the Defendant suffered injury to the victim, such as a thring of the right frame, which requires approximately six weeks of treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement of the occurrence of a traffic accident C;

1. Medical certificate (No. 10, 11 No. Serials of evidence);

1. A traffic accident report (1) a actual survey report;

1. A photograph of a dynamic image closure;

1. Investigation report (booms and video images);

1. Application of Acts and subordinate statutes to report on investigation (to hear suspect telephone statements);

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, Article 268 of the Criminal Act, and the choice of imprisonment without prison labor, concerning criminal facts;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of applicable sentences by law: One month to five years of imprisonment without prison labor; and

2. Where there is a substantial negligence on the occurrence of a traffic accident or expansion of damage to the victim, even though the victim has reduced area (one month to six months without prison labor) of the type of general traffic accident (the scope of the recommended punishment) according to the sentencing guidelines.

3. In the event of the instant traffic accident in violation of the signal, the Defendant’s decision-making decision-making type: (a) caused the instant traffic accident to the victim for six weeks; (b) caused the instant accident to the right frame, etc. requiring medical treatment; and (c) Defendant’s driving vehicle is subscribed to mandatory insurance

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